Guideline Page 1 of 80 • ESR/2016/1936 • Version 6.02 • Effective: 07 MAR 17 Mining Model mining conditions The purpose of this guideline is to provide a set of model conditions to form general environmental protection commitments given for mining activities, and environmental authority conditions for resource activities – mining activities imposed by the administering authority 1 under the Environmental Protection Act 1994. Introduction The Environmental Protection Act 1994 (EP Act) provides for the granting of environmental authorities for resource activities – mining activities. In giving approval under the EP Act, the administering authority must address the regulatory requirements set out in the Environmental Protection Regulation 2008 and the standard criteria contained in the EP Act. The administering authority will give consideration to these regulatory requirements in the context of specific information about the environmental impacts of a particular project provided through an environmental impact statement or application documents. The following model conditions may be used as a basis for proposing environmental protection commitments in the application documents. They may also be used to expedite the process of developing appropriate conditions for an environmental authority for a mining project in consultation with the administering authority. The model conditions can be modified to suit the specific circumstances of a mining project subject to the assessment criteria outlined above. In such circumstances, variants of these conditions and/or different conditions may be applied at the discretion of the administering authority delegate and in consultation with the applicant. It is unlikely the administering authority will accept less rigorous environmental protection commitments or environmental authority conditions without clear evidence that the risk of the particular type of environmental harm addressed by those model conditions is otherwise addressed to at least the same extent by: a) the specific environmental management practices to be implemented b) technologies to be used; or c) the nature of the environmental values impacted by the project. To meet the test of ‘necessary or desirable’ it is considered that a condition will meet this test if a demonstrable link exists to achieving the object of the EP Act. It is considered that conditions relating to monitoring and reporting under the issued authority allow the administering authority to assess the accuracy of information and assumptions made in the application and allow the detection of any trend toward environmental harm resulting from the activity. 1 The Department of Environment and Science is the administering authority under the Environmental Protection Act 1994.
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Guideline
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Mining
Model mining conditions
The purpose of this guideline is to provide a set of model conditions to form general environmental protection commitments
given for mining activities, and environmental authority conditions for resource activities – mining activities imposed by the
administering authority1 under the Environmental Protection Act 1994.
Introduction
The Environmental Protection Act 1994 (EP Act) provides for the granting of environmental authorities for
resource activities – mining activities.
In giving approval under the EP Act, the administering authority must address the regulatory requirements set
out in the Environmental Protection Regulation 2008 and the standard criteria contained in the EP Act. The
administering authority will give consideration to these regulatory requirements in the context of specific
information about the environmental impacts of a particular project provided through an environmental impact
statement or application documents.
The following model conditions may be used as a basis for proposing environmental protection commitments in
the application documents. They may also be used to expedite the process of developing appropriate conditions
for an environmental authority for a mining project in consultation with the administering authority.
The model conditions can be modified to suit the specific circumstances of a mining project subject to the
assessment criteria outlined above. In such circumstances, variants of these conditions and/or different
conditions may be applied at the discretion of the administering authority delegate and in consultation with the
applicant. It is unlikely the administering authority will accept less rigorous environmental protection
commitments or environmental authority conditions without clear evidence that the risk of the particular type of
environmental harm addressed by those model conditions is otherwise addressed to at least the same extent
by:
a) the specific environmental management practices to be implemented
b) technologies to be used; or
c) the nature of the environmental values impacted by the project.
To meet the test of ‘necessary or desirable’ it is considered that a condition will meet this test if a demonstrable
link exists to achieving the object of the EP Act. It is considered that conditions relating to monitoring and
reporting under the issued authority allow the administering authority to assess the accuracy of information and
assumptions made in the application and allow the detection of any trend toward environmental harm resulting
from the activity.
1 The Department of Environment and Science is the administering authority under the Environmental Protection Act 1994.
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The conditions in this guideline do not cover all the conditions necessary for regulating a resource activity –
mining activity. Officers should also refer to the separate guidelines: Structures which are dams or levees
constructed as part of environmentally relevant activities (ESR/2016/19342). The water schedule has been
based on the model water conditions for coal mines in the Fitzroy Basin. As a result the surface water schedule
conditions may not be applicable to other catchments or to other types of mines. The water schedule may also
be subject to change as a result of the Isaac River mine water release pilot.
How to use this guideline
New project applications
The model conditions should be applied to all new mining project applications lodged after the guideline is
approved.
Applications for new projects in progress
For applications in progress on the date this guideline is approved, the applicant should be advised of the
availability of the model conditions. If public notification has been completed on the basis of different draft
conditions from the model conditions, the model conditions cannot be used unless the applicant wishes to re-
notify.
Amendments
For amendment applications where the amendment involves altering activities covered in the model mining
conditions, negotiation with the environmental authority (EA) holder should take place such that the original
conditions are amended to reflect the model mining conditions to the extent of the changed impacts as a result
of the alteration to activities. If there is no increase in impacts or only a trivial increase in impacts as a result of
the change, this is not an opportunity to impose the model conditions on an existing project, except to the extent
that the applicant seeks to adopt the model conditions.
Compulsory amendments
Where there are continual non-compliance issues and the model conditions would clearly alleviate the non-
compliance then they can be used without negotiation, to the extent of the changed impacts as a result of the
non-compliance. If there is no increase in impacts or only a trivial increase in impacts as a result of the non-
compliance, this is not an opportunity to impose the model conditions on an existing project, except to the extent
that the applicant seeks to adopt the model conditions.
The guidance above about not imposing model conditions on an existing mine without the consent of the EA
holder obviously does not apply if the particular model conditions are considered necessary to address one or
more of the circumstances listed in section 215(2) of the EP Act, for example, if an existing condition was on the
basis of materially misleading information or it would overcome contraventions of the EP Act. However, in that
situation, the model conditions should only be compulsorily imposed to the extent necessary to address the
particular circumstance triggered by section 215.
Transfer of environmental authority holder
The model conditions should not be imposed upon a transfer, unless at the request of the transferee.
2 This is the publication number, which can be used as a search term to find the latest version of the publication at www.des.qld.gov.au.
environmental areas’, ‘appropriately qualified person’, ‘environmental offset’, ‘maximum extent of impact’ and
‘notice of election’ are provided for in the definitions schedule.
If significant residual impacts to a prescribed environmental matter were not proposed or authorised, there is no
need to include Table H2 - Significant residual impacts to prescribed environmental matters or a reference to
Table H2 in condition H6. Or, if significant residual impacts to a prescribed environmental matter were proposed
and authorised, include the full condition H6 and Table H2, populated as per the instructions given in Appendix
1.
H6 Significant residual impacts to prescribed environmental matters <<other than if the impacts were
authorised by an existing authority issued before the commencement of the Environmental Offsets Act
2014>>, are not authorised under this environmental authority or the Environmental Offsets Act 2014
<<unless the impact(s) is specified in Table H2 - Significant residual impacts to prescribed
environmental matters>>.
Table H2 - Significant residual impacts to prescribed environmental matters
Prescribed environmental matter Location of impact
Maximum extent of
impact <<OR
Maximum extent of
impact – stage 1>>
REGULATED VEGETATION
Endangered regional ecosystem – insert RE ID
e.g., maps/figures, coordinates, lot(s) on plan(s), resource authorities or project
areas.
X ha
Of concern regional ecosystem (not within an urban area) – insert RE ID
as per above X ha
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Prescribed environmental matter Location of impact
Maximum extent of
impact <<OR
Maximum extent of
impact – stage 1>>
Regional ecosystems (not within an urban area) that intersect a wetland on the vegetation management wetlands map – insert RE ID
as per above X ha
Regional ecosystems (not within an urban area) within the defined distance from the defining banks of a relevant watercourse on the vegetation management watercourse map – insert RE ID and Broad Vegetation Group
as per above X ha
Essential habitat (not in an urban area) for endangered wildlife – insert species name
as per above X ha
Essential habitat (not in an urban area) for vulnerable wildlife – insert species name
as per above X ha
Connectivity areas
Connectivity area that is a regional ecosystem (not in urban area) – insert RE ID
as per above X ha
Wetlands and watercourses
A wetland in a wetland protection area shown on the Map of referable wetlands (HES wetlands in GBR) – insert reference
as per above X ha
A wetland of high ecological significance shown on the Map of referable wetlands – insert reference
as per above X ha
Designated precincts in strategic environmental areas
Designated precinct in a strategic environmental areas – insert reference
as per above X ha
Protected wildlife habitat
An area shown as a high risk area on the flora survey trigger map that contains plants that are endangered or vulnerable wildlife – insert area and species names
as per above X ha
An area not shown as a high risk area on the flora survey trigger map that contains plants that are endangered or vulnerable wildlife – insert area and species names
as per above X ha
A non-juvenile koala habitat tree located in an area shown as a bushland habitat, high value rehabilitation habitat or medium value rehabilitation habitat in the ‘Map of Assessable Development Area Koala Habitat Values’ – insert reference
as per above X ha
Habitat for an animal that is endangered wildlife – insert area and species name
as per above X ha
Habitat for an animal that is vulnerable wildlife – insert area and species name
as per above X ha
Habitat for an animal that is special least concern wildlife – insert area and species name
as per above X ha
Protected areas
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Prescribed environmental matter Location of impact
Maximum extent of
impact <<OR
Maximum extent of
impact – stage 1>>
National park – insert reference as per above X ha
Regional park – insert reference as per above X ha
Nature refuge – insert reference as per above X ha
Highly protected zones of State marine parks
Conservation park zone – insert reference as per above X ha
Marine national park zone – insert reference as per above X ha
Preservation zone – insert reference as per above X ha
Other zones – insert reference as per above X ha
Fish habitat areas
A declared fish habitat area – insert reference as per above X ha
Waterway providing for fish passage
Fish passage (not in an urban area) – insert reference
as per above X ha
Marine plants
Marine plant (not in an urban area) – insert reference
as per above X ha
Legally secured offset area
Legally secured offset area – insert reference as per above X ha
Include condition H7 in all environmental authorities. If Table H2 is not needed to be included in the
environmental authority, then delete all grey text from the condition.
H7 Records demonstrating that each impact to a prescribed environmental matter <<not listed in Table H2
- Significant residual impacts to prescribed environmental matters>> did not, or is not likely to, result in
a significant residual impact to that matter must be:
a) completed by an appropriately qualified person; and
b) kept for the life of the environmental authority.
Include condition H8 in all environmental authorities that authorise a significant residual impact to a prescribed
environmental matter. Include the relevant condition reference, depending on whether staging will be
undertaken.
H8 An environmental offset made in accordance with the Environmental Offsets Act 2014 and
Queensland Environmental Offsets Policy, as amended from time to time, must be undertaken for the
maximum extent of impact to each prescribed environmental matter authorised in Table H2 -
Significant residual impacts to prescribed environmental matters, unless a lesser extent of the
impact has been approved in accordance with condition H11 [for staged offsets] OR condition H15 [for
non-staged offsets].
Staged impacts
Insert conditions H9-H13 if the environmental authority application, or a notice of election provided prior to the
environmental authority application being decided, proposed to carry out the activities that will, or are likely to,
result in a significant residual impact to a prescribed environmental matter in stages, as well as the undertaking
of environmental offsets in stages.
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H9 The significant residual impacts to a prescribed environmental matter authorised in condition H6 for
which an environmental offset is required by condition H8 may be carried out in stages. An
environmental offset can be delivered for each stage of the impacts to prescribed environmental
matters.
H10 Prior to the commencement of each stage, a report completed by an appropriately qualified person,
that includes an analysis of the following must be provided to the administering authority:
a) for the forthcoming stage—the estimated significant residual impacts to each prescribed
environmental matter; and
b) for the previous stage, if applicable—the actual significant residual impacts to each prescribed
environmental matter, to date.
H11 The report required by condition H10 must be approved by the administering authority before a notice
of election for the forthcoming stage, if applicable, is given to the administering authority.
H12 A notice of election for the staged environmental offset referred to in condition H11, if applicable, must
be provided to the administering authority no less than three months before the proposed
commencement of that stage, unless a lesser timeframe has been agreed to by the administering
authority.
H13 Within six months from the completion of the final stage of the project, a report completed by an
appropriately qualified person, that includes the following matters must be provided to the
administering authority:
a) an analysis of the actual impacts on prescribed environmental matters resulting from the final
stage; and
b) if applicable, a notice of election to address any outstanding offset debits for the authorised
impacts.
Non-staged impacts
Insert conditions H14-H16 if the environmental authority application, or a notice of election provided prior to the
environmental authority application being decided, did not propose to carry out the activities that will, or are
likely to, result in significant residual impacts to a prescribed environmental matter, or the undertaking of
environmental offsets in stages. Offset debits are not allowed for non-staged impacts and any exceedances of
the maximum extent of impact authorised in Table H2 are likely to be investigated further as a compliance
matter.
If the administering authority is satisfied that conditions H14 and H15 are not required, i.e., because sufficient
information has been provided in the environmental authority application, then these conditions are not
necessary for inclusion in the environmental authority.
H14 Prior to the commencement of any impacts to a prescribed environmental matter for which an
environmental offset is required by condition H8, a report completed by an appropriately qualified
person that contains an analysis of the estimated maximum extent of impact to each prescribed
environmental matter must be provided to the administering authority.
H15 The report required by condition H14 must be approved by the administering authority before the
notice of election, if applicable, is given to the administering authority.
H16 The notice of election for the environmental offset required by condition H15, if applicable, must be
provided to the administering authority no less than three months before the proposed commencement
of the significant residual impacts for which the environmental offset is required.
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Schedule I – Watercourse diversions
Explanatory note— Watercourse diversions
The following conditions are only to be used where approval is sought to divert a watercourse associated with a
resource activity under a new or amending an environmental authority pursuant to the EP Act. A watercourse
diversion must meet criteria defined under section 20(4) of the Water Act 2000. This specifies that:
A person may interfere with water if:
a) the interference is a diversion of a watercourse and is associated with a resource activity
b) the impacts of the interference were assessed as part of a grant of an environmental authority for the
resource activity
c) the environmental authority was granted with a condition about the diversion of the watercourse.
These conditions do not apply to existing watercourse diversions authorised under the Water Act or other
relevant legislation (e.g. Central Queensland Coal Associates Agreement Act 1968). It is not proposed that
current authorised watercourse diversions regulated under the Water Act will automatically transition across to
the EP Act or a transition will be encouraged.
Existing water licences will remain under the regulatory framework of the Water Act unless a proponent
requests a transition to the EP Act. Such a transition could only occur under an amendment to an existing EA.
The administering authority will decide on a case-by-case basis whether or not this application for an EA
amendment represents a minor amendment.
The watercourse diversion must achieve the outcomes of a permanent or temporary watercourse diversion as
part of any future performance criteria.
Permanent watercourse diversions
I1 Permanent watercourse diversions, or the re-establishment of a pre-existing watercourse where a
temporary watercourse diversion is being replaced, must be designed and constructed to:
a) incorporate natural features (including geomorphic and vegetation) present at the location of the
diversion
b) maintain the pre-existing hydrologic characteristics of surface water and groundwater systems
for the area in which the watercourse diversion is located
c) maintain the hydraulic characteristics of the permanent watercourse diversion that are
equivalent to other local watercourses and are suitable for the area in which the diversion is
located without using artificial structures that require on-going maintenance
d) maintain sediment transport and water quality regimes that allow the diversion to be self-
sustaining, while minimising any impacts to upstream and downstream water quality,
geomorphology or vegetation
e) maintain equilibrium and functionality in all substrate conditions at the location of the diversion.
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Temporary watercourse diversions
I2 Temporary watercourse diversions must be designed and constructed to:
a) maintain the pre-existing hydrologic characteristics of surface water systems for the area in
which the watercourse diversion is located
b) maintain the hydraulic characteristics of the watercourse diversion that are equivalent to other
local watercourses and are suitable for the area in which the diversion is located. Where
structures that require on-going maintenance are used, they must not compromise the
equilibrium and performance of the temporary watercourse diversion and adjoining
watercourses
c) maintain sediment transport and water quality regimes that minimise any impacts to upstream
and downstream water quality, geomorphology or vegetation
d) maintain equilibrium and functionality at all substrate conditions at the location of the diversion.
Design plan – All diversions
I3 A certified Design Plan that achieves condition I1 for permanent watercourse diversions and condition
I2 for temporary watercourse diversions must be submitted to the administering authority at least 10
business days before commencing construction of the diversion.
I4 The certified design plan for any temporary or permanent watercourse diversion must be consistent
with the functional design/s that formed a part of the application documents for this authority.
Construction and operation – All diversions
I5 A certified set of ‘as constructed’ drawings and specifications must be submitted to the administering
authority within 60 business days from the completion of construction of the temporary or permanent
watercourse diversion, or re-establishment of the pre-existing watercourse. These drawings and
specifications must state:
a) that the 'as constructed' drawings and specifications meet the original intent of the design plan
for the watercourse diversion
b) construction of the watercourse diversion is in accordance with the design plan.
Register – All diversions
I6 The details of watercourse diversions planned and constructed under an environmental authority must
be accurately recorded on the Register of Watercourse Diversions kept by the holder of the authority.
An electronic copy must be provided to the administering authority on request.
End of conditions
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ADVICE - OTHER AREAS OF CONCERN TO BE CONSIDERED
Monitoring
Upon request from the administering authority, copies of monitoring records and reports should be made
available and provided to the administering authority’s nominated office within 10 business days or an
alternative timeframe agreed between the administering authority and the holder.
Any management or monitoring plans, systems or programs required to be developed and implemented by a
condition of this environmental authority should be reviewed for effectiveness in minimising the likelihood of
environmental harm on an annual basis, and amended promptly if required, unless a particular review date and
amendment program is specified in the plan, system or program.
Light
A condition about light should not be imposed unless this is likely to be a relevant issue for the mine due to the
proximity of sensitive places. If so, the following condition may be included:
AXX In the event of a complaint about light from any mining activity that, after investigation, is in the opinion
of an authorised person causing a nuisance at a sensitive place, the holder of this environmental
authority must take appropriate action to mitigate the nuisance. The holder of this environmental
authority must take the action within the reasonable time set by the administering authority.
Chemicals and flammable or combustible liquids
All explosives, hazardous chemicals, corrosive substances, toxic substances, gases and dangerous goods
should be stored and handled in accordance with the current Australian standard where such is applicable.
Flammable and combustible liquids, including petroleum products, should be stored and handled in accordance
with the latest edition of AS1940—The storage and handling of flammable and combustible liquids.
Where no relevant Australian standard exists store such materials within an effective on-site containment
system.
Minimise the potential for contamination of land and waters by diverting stormwater around contaminated areas
and facilities used for the storage of chemicals and flammable or combustible liquids.
Meteorological monitoring
Environmental authority holders are encouraged to establish and maintain an automatic weather station to
measure and record wind speed, wind direction, temperature and rainfall intensity to aid in the compliance with
conditions of approval.
It is possible for environmental authority holders to utilise relevant and available weather monitoring information
collected by other parties as reference data.
Waste rock
A waste rock and spoil disposal plan should be developed and include, where relevant, at least:
a) effective characterisation of the waste rock and spoil to predict under the proposed placement and
disposal strategy the quality of runoff and seepage generated concerning potentially environmentally
significant effects including salinity, acidity, alkalinity and dissolved metals, metalloids and non-metallic
inorganic substances
b) a program of progressive sampling and characterisation to identify dispersive and non-dispersive spoil
and the salinity, acid and alkali producing potential and metal concentrations of waste rock
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c) a materials balance and disposal plan demonstrating how potentially acid forming and acid forming
waste rock will be selectively placed and/or encapsulated to minimise the potential generation of acid
mine drainage
d) where relevant, a sampling program to verify encapsulation and/or placement of potentially acid-
forming and acid-forming waste rock
e) how often the performance of the plan will be assessed
f) the indicators or other criteria on which the performance of the plan will be assessed
g) rehabilitation strategy.
Monitoring or rehabilitation, research and/or trials to verify the requirements and methods for decommissioning
and final rehabilitation of the placed materials, including the prevention and management of acid mine drainage,
erosion minimisation and establishment of vegetation cover.
Transportation
It is recommended that the holder of the environmental authority ensure that vehicles (including trains) used for
transporting bulk materials from mining lease(s), leave the mining lease(s) with appropriate load preparation to
prevent the spillage and/or loss of particulate matter and/or windblown dust during transport.
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Definitions
Words and phrases used throughout this environmental authority are defined below. Where a definition for a
term used in this environmental authority is not provided within this environmental authority, but is provided in
the EP Act 1994 or subordinate legislation, the definition in the EP Act or subordinate legislation must be used.
‘acid rock drainage’ means any contaminated discharge emanating from a mining activity formed through a
series of chemical and biological reactions, when geological strata is disturbed and exposed to oxygen and
moisture.
‘administering authority’ is the agency or department that administers the environmental authority provisions
under the Environmental Protection Act 1994.
‘airblast overpressure’ means energy transmitted from the blast site within the atmosphere in the form of
pressure waves. The maximum excess pressure in this wave, above ambient pressure is the peak airblast
overpressure measured in decibels linear (dBL).
‘appropriately qualified person’ means a person who has professional qualifications, training, skills or
experience relevant to the nominated subject matter and can give authoritative assessment, advice and analysis
on performance relating to the subject matter using the relevant protocols, standards, methods or literature.
‘background’, with reference to the water schedule means the average of samples taken prior to the
commencement of mining from the same waterway that the current sample has been taken.
‘blasting’ means the use of explosive materials to fracture:
a) rock, coal and other minerals for later recovery, or
b) structural components or other items to facilitate removal from a site or for reuse.
‘certified’, with respect to watercourse diversions, means assessed and approved by a suitably qualified and experienced person. In relation to ‘as constructed’ drawings and specifications, the certification must be by the suitably qualified person who supervised the construction of the watercourse diversion, or re-establishment of the watercourse.
Explanatory note— ‘certification’, ‘certifying’ or ‘certified’
Only include regulated structures version of this definition if environmental authority controls regulated
structures in the conditions.
‘certification’, ‘certifying’ or ‘certified’ by an appropriately qualified and experienced person in relation to a
design plan or an annual report regarding dams/structures, means that a statutory declaration has been made
by that person and, when taken together with any attached or appended documents referenced in that
declaration, all of the following aspects are addressed and are sufficient to allow an independent audit at any
time:
a) exactly what is being certified and the precise nature of that certification
b) the relevant legislative, regulatory and technical criteria on which the certification has been based
c) the relevant data and facts on which the certification has been based, the source of that material, and
the efforts made to obtain all relevant data and facts
d) the reasoning on which the certification has been based using the relevant data and facts, and the
relevant criteria.
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‘chemical’ means:
a) an agricultural chemical product or veterinary chemical product within the meaning of the Agricultural
and Veterinary Chemicals Code Act 1994 (Commonwealth), or
b) a dangerous good under the Australian Code for the Transport of Dangerous Goods by Road and Rail
approved by the Australian Transport Council, or
c) a lead hazardous substance within the meaning of the Workplace Health and Safety Regulation 1997,
or
d) a drug or poison in the Standard for the Uniform Scheduling of Drugs and Poisons prepared by the
Australian Health Ministers’ Advisory Council and published by the Commonwealth, or
e) any substance used as, or intended for use as:
(i) a pesticide, insecticide, fungicide, herbicide, rodenticide, nematocide, miticide, fumigant or
related product, or
(ii) a surface active agent, including, for example, soap or related detergent, or
(iv) a fertiliser for agricultural, horticultural or garden use, or
(v) a substance used for, or intended for use for mineral processing or treatment of metal, pulp and
paper, textile, timber, water or wastewater, or
(vi) manufacture of plastic or synthetic rubber.
‘commercial place’ means a workplace used as an office or for business or commercial purposes, which is not
part of the mining activity and does not include employees’ accommodation or public roads.
‘construction’ or ‘constructed’ in relation to a regulated structure includes building a new regulated structure
and lifting or otherwise modifying an existing regulated structure, but does not include investigations and testing
necessary for the purpose of preparing a design plan.
‘construction’ or ‘constructed’, in relation to watercourse diversions, is the process of building, or modifying
an existing diversion, but does not include investigations and testing necessary for the purpose of preparing a
design plan.
‘design plan’ is a document that contains the design, operation, monitoring and revegetation criteria of a
watercourse diversion that addresses the outcomes stated in conditions on the environmental authority relating
to the diversion. The document should include, but not be limited to:
a) required information under a functional design
b) the location, function and description of geomorphic and riparian vegetation features within the
proposed watercourse diversion
c) results from hydrologic, hydraulic and sediment transportation modelling used in the design of the
diversion
d) a revegetation and vegetation management plan (a revegetation plan) for the diversion
e) engineering drawings depicting the physical attributes and dimensions of the diversion
f) (if relevant) the staged development of a permanent watercourse diversion including the proposed use
of temporary watercourse diversions with identified lifespans
g) all investigation and other reports relied on by the design
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h) plans and specifications sufficient to complete construction and revegetation in accordance with the
design.
‘designated precinct’ has the meaning in Part 5 section 15(3) of the Regional Planning Interests Regulation 2014 and means:
for a strategic environmental area mentioned in section 4(1) – the area identified as a designated precinct on the strategic environmental area map for the strategic environmental are; or
if a strategic environmental area is shown on a map in a regional plan – the area identified on the map as a designated precinct for the strategic environmental area.
‘disturbance’ of land includes:
a) compacting, removing, covering, exposing or stockpiling of earth
b) removal or destruction of vegetation or topsoil or both to an extent where the land has been made
susceptible to erosion
c) carrying out mining within a watercourse, waterway, wetland or lake
d) the submersion of areas by tailings or hazardous contaminant storage and dam/structure walls
e) temporary infrastructure, including any infrastructure (roads, tracks, bridges, culverts, dam/structures,
bores, buildings, fixed machinery, hardstand areas, airstrips, helipads etc) which is to be removed
after the mining activity has ceased
f) releasing of contaminants into the soil, or underlying geological strata.
However, the following areas are not included when calculating areas of ‘disturbance’:
a) areas off lease (e.g. roads or tracks which provide access to the mining lease)
b) areas previously disturbed which have achieved the rehabilitation outcomes
c) by agreement with the administering authority, areas previously disturbed which have not achieved the
rehabilitation objective(s) due to circumstances beyond the control of the mine operator (such as
climatic conditions)
d) areas under permanent infrastructure. Permanent infrastructure includes any infrastructure (roads,
helipads etc) which is to be left by agreement with the landowner
e) disturbance that pre-existed the grant of the tenure.
‘EC’ means electrical conductivity.
‘effluent’ means treated waste water released from sewage treatment plants.
‘environmental offset’ has the meaning in section 7 of the Environmental Offsets Act 2014.
‘equilibrium’ means a state where ‘balance’ is achieved despite changing variables.
‘existing authority’ has the meaning in section 94 of the Environmental Offsets Act 2014.
‘functional design’ is a document that contains ‘conceptual’ information about the design, operation and
revegetation criteria of a watercourse diversion that addresses the outcomes stated in the conditions on the
environmental authority relating to the diversion. The document should include, but not be limited to:
a) geomorphic and vegetation assessment of the existing watercourse
b) hydrologic conditions of the existing watercourse
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c) the proposed watercourse diversion route
d) results from hydrologic, hydraulic and sediment transportation modelling used in the design of the
diversion.
‘functionality’: the purpose that something is designed or expected to fulfil.
‘hazard category’ means a category, either low significant or high, into which a dam is assessed as a result of
the application of tables and other criteria in Manual for Assessing Hazard Categories and Hydraulic
Performance of Dams.
‘holder’, for a mining tenement, means a holder of the tenement under the Mineral Resources Act 1989, and
the holder of the associated environmental authority under the Environmental Protection Act 1994.
‘infrastructure’ means water storage dams, levees,, roads and tracks, buildings and other structures built for
the purpose of the mining activity.
‘land’ in the ‘land schedule’ of this document means land excluding waters and the atmosphere, that is, the
term has a different meaning from the term as defined in the Environmental Protection Act 1994. For the
purposes of the Acts Interpretation Act 1954, it is expressly noted that the term ‘land’ in this environmental
authority relates to physical land and not to interests in land.
‘land use’ –means the selected post mining use of the land, which is planned to occur after the cessation of
mining operations.
‘leachate’ means a liquid that has passed through or emerged from, or is likely to have passed through or
emerged from, a material stored, processed or disposed of at the operational land which contains soluble,
suspended or miscible contaminants likely to have been derived from the said material.
‘licensed place’ means the mining activities carried out at the mining tenements detailed in Table # (page #) of
this environmental authority.
‘m’ means metres.
‘maximum extent of impact’ means the total, cumulative, residual extent and duration of impact to a
prescribed environmental matter that will occur over a project’s life after all reasonable avoidance and
reasonable on-site mitigation measures have been, or will be, undertaken.
‘measures’ includes any measures to prevent or minimise environmental impacts of the mining activity such as
bunds, silt fences, diversion drains, capping, and containment systems.
‘mine affected water’:
a) means the following types of water:
i) pit water, tailings dam water, processing plant water
ii) water contaminated by a mining activity which would have been an environmentally relevant
activity under Schedule 2 of the Environmental Protection Regulation 2008 if it had not formed
part of the mining activity
iii) rainfall runoff which has been in contact with any areas disturbed by mining activities which
have not yet been rehabilitated, excluding rainfall runoff discharging through release points
associated with erosion and sediment control structures that have been installed in accordance
with the standards and requirements of an Erosion and Sediment Control Plan to manage such
runoff, provided that this water has not been mixed with pit water, tailings dam water,
processing plant water or workshop water
iv) groundwater which has been in contact with any areas disturbed by mining activities which have
not yet been rehabilitated
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v) groundwater from the mine’s dewatering activities
vi) a mix of mine affected water (under any of paragraphs i)-v) and other water.
b) does not include surface water runoff which, to the extent that it has been in contact with areas
disturbed by mining activities that have not yet been completely rehabilitated, has only been in contact
with:
i) land that has been rehabilitated to a stable landform and either capped or revegetated in
accordance with the acceptance criteria set out in the environmental authority but only still
awaiting maintenance and monitoring of the rehabilitation over a specified period of time to
demonstrate rehabilitation success, or
ii) land that has partially been rehabilitated and monitoring demonstrates the relevant part of the
landform with which the water has been in contact does not cause environmental harm to
waters or groundwater, for example:
a. areas that are been capped and have monitoring data demonstrating hazardous material
adequately contained with the site
b. evidence provided through monitoring that the relevant surface water would have met the
water quality parameters for mine affected water release limits in this environmental
authority, if those parameters had been applicable to the surface water runoff, or
iii) both.
‘minimise’ is to reduce to the smallest possible amount or degree.
‘NATA’ means National Association of Testing Authorities, Australia.
‘natural flow’ means the flow of water through waters caused by nature.
‘non polluting’ means having no adverse impacts upon the receiving environment.
‘notice of election’ has the meaning in section 18(2) Environmental Offsets Act 2014.
‘peak particle velocity (ppv)’ means a measure of ground vibration magnitude which is the maximum rate of
change of ground displacement with time, usually measured in millimetres/second (mm/s).
‘permanent watercourse diversion’ is a man-made structure that incorporates the geomorphologic, hydraulic,
hydrologic and ecological components of a local watercourse and is designed, constructed, operated and
maintained according to an engineering standard that ultimately achieves a self-sustaining watercourse able to
function without features or characteristics that rely on ongoing maintenance or that impose a financial or other
burden on the proponent, government or the community.
‘pre-existing watercourse’ is the section of watercourse from which the flow of water will be diverted as a
result of the construction and operation of a watercourse diversion.
‘prescribed environmental matters’ has the meaning in section 10 of the Environmental Offsets Act 2014,
limited to the matters of State environmental significant listed in schedule 2 of the Environmental Offsets
Regulation 2014.
‘protected area’ means – a protected area under the Nature Conservation Act 1992, or
a) a marine park under the Marine Parks Act 1992, or
b) a World Heritage Area.
‘receiving environment’ in relation to an activity that causes or may cause environmental harm, means the
part of the environment to which the harm is, or may be, caused. The receiving environment includes (but is not
limited to):
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a) a watercourse
b) groundwater
c) an area of land that is not specified in Schedule # – Table # (Authorised Activities) of this
environmental authority.
The term does not include land that is specified in Schedule # – Table # (Authorised Activities) of this
environmental authority.
‘receiving waters’ means the waters into which this environmental authority authorises releases of mine
affected water.
‘rehabilitation’ the process of reshaping and revegetating land to restore it to a stable landform.
‘release event’ means a surface water discharge from mine affected water storages or contaminated areas on
the licensed place.
‘representative’ means a sample set which covers the variance in monitoring or other data either due to natural
changes or operational phases of the mining activities.
‘revegetation’ is the re-establishment of vegetation3 of a species and density of cover similar to surrounding
undisturbed areas or the landform that existed before mining activities on soil surfaces associated with the
construction or rehabilitation of a watercourse diversion.
‘RL’ means reduced level, relative to mean sea level as distinct from depths to water.
‘saline drainage’ The movement of waters, contaminated with salts, as a result of the mining activity.
‘self-sustaining’ means not requiring on-going intervention and maintenance to maintain functional riverine
processes and characteristics
‘sensitive place’ means:
a) a dwelling, residential allotment, mobile home or caravan park, residential marina or other residential
premises, or
b) a motel, hotel or hostel, or
c) an educational institution, or
d) a medical centre or hospital, or
e) a protected area under the Nature Conservation Act 1992, the Marine Parks Act 1992 or a World
Heritage Area, or
f) a public park or gardens.
Note: The definition of ‘sensitive place’ and ‘commercial place’ is based on Schedule 1 of EPP Noise. That is, a
sensitive place is inside or outside on a dwelling, library and educational institution, childcare or kindergarten,
school or playground, hospital, surgery or other medical institution, commercial & retail activity, protected area
or an area identified under a conservation plan under Nature Conservation Act 1992 as a critical habitat or an
area of major interest, marine park under Marine Parks Act 2004, park or garden that is outside of the mining
lease and open to the public for the use other than for sport or organised entertainment. A commercial place is
inside or outside a commercial or retail activity.
3Not including a species declared under the Land Protection (Pest and Stock Route Management) Regulation 2003 as a category class 1 pest, category class 2 pest or category class 3 pest.
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A mining camp (i.e., accommodation and ancillary facilities for mine employees or contractors or both,
associated with the mine the subject of the environmental authority) is not a sensitive place for that mine or
mining project, whether or not the mining camp is located within a mining tenement that is part of the mining
project the subject of the environmental authority. For example, the mining camp might be located on
neighbouring land owned or leased by the same company as one of the holders of the environmental authority
for the mining project, or a related company. Accommodation for mine employees or contractors is a sensitive
place if the land is held by a mining company or related company, and if occupation is restricted to the
employees, contractors and their families for the particular mine or mines which are held by the same company
or a related company.
For example, a township (occupied by the mine employees, contractors and their families for multiple mines that
are held by different companies) would be a sensitive place, even if part or all of the township is constructed on
land owned by one or more of the companies.
‘significant residual impact’ has the meaning in section 8 Environmental Offsets Act 2014.
‘strategic environmental areas’ has the meaning in section 11(1) of the Regional Planning Interest Act 2014.
‘suitably qualified and experienced person’ means a person who is a Registered Professional Engineer of
Queensland under the provisions of the Professional Engineers Act 2002, who has an appropriate level of
expertise in the structures, geomechanics, hydrology, hydraulics and environmental impact of watercourse
diversions.
An appropriate level of expertise includes:
demonstrable competency, experience and expertise in:
investigation, design or construction of watercourses diversions
operation and maintenance of watercourse diversions
geomechanics with particular emphasis on channel equilibrium, geology and geochemistry
hydrology with particular reference to flooding, estimation of extreme storms, water
management or meteorology
hydraulics with particular reference to sediment transport and deposition and erosion control
hydrogeology with particular reference to seepage and groundwater
solute transport processes and monitoring thereof, or
sufficient knowledge and experience to certify that where the suitably qualified and experienced
person has relied on advice and information provided by other persons with relevant expertise*:
they consider it reasonable to rely on that advice and information
the expert providing the advice and information has knowledge, competency, suitable
experience and demonstrated expertise in the matters related to watercourse diversions.
Persons with relevant expertise include:
Geomorphologist: person who has demonstrated competency and relevant experience in stream
geomorphology and watercourse diversions.
Geotechnical Expert: person who has demonstrated competency and relevant experience in
geotechnical assessment of soil characteristics suitable for watercourse diversions.
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Vegetation Expert: person who has demonstrated competency and relevant experience in the
identification, role and function of vegetation with watercourses and adjoining floodplains, and has
demonstrated competency and relevant experience in revegetation of watercourse diversions and
adjoining floodplains. .
Groundwater Expert: person who has demonstrated competency and relevant experience in
groundwater systems.
Surface Water Expert: person who has demonstrated competency and relevant experience in
hydrology.
Engineer: person who is a Registered Professional Engineer of Queensland (RPEQ) under the
provisions of the Professional Persons Act 2002 or has similar qualifications under a respected
professional registration association, and has demonstrated competency and relevant experience in
design and construction of watercourse diversions.
Soils Expert: person who has demonstrated competency and relevant experience in soil classification
including the physical, chemical and hydrologic analysis of soil.
‘temporary watercourse diversion’ is a man-made structure that may incorporate geomorphologic, hydraulic,
hydrologic and ecological components of a local watercourse and is designed, constructed, operated and
maintained to an engineering standard that ensures the diversion does not compromise the equilibrium and
performance of the diversion and adjoining watercourses. A temporary diversion is replaced by a permanent
diversion, or the re-establishment of the pre existing watercourse, within the timeframe specified in the design
plan.
‘the Act’ means the Environmental Protection Act 1994.
‘µS/cm’ means micro siemens per centimetre.
‘water’ is defined under Schedule 4 of the Water Act 2000.
‘watercourse’ has the same meaning given in the Water Act 2000.
‘water quality’ means the chemical, physical and biological condition of water.
‘waters’ includes river, stream, lake, lagoon, pond, swamp, wetland, unconfined surface water, unconfined
natural or artificial watercourse, bed and bank of any waters, dams, non-tidal or tidal waters (including the sea),
storm water channel, storm water drain, and groundwater and any part thereof.
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Disclaimer:
While this document has been prepared with care it contains general information and does not profess to offer
legal, professional or commercial advice. The Queensland Government accepts no liability for any external
decisions or actions taken on the basis of this document. Persons external to the Department of Environment
and Science should satisfy themselves independently and by consulting their own professional advisors before
6.00 5 May 2016 The guideline has been revised to reflect (1) the commencement of the Environmental Offsets Act 2014, and (2) the repeal of the Wild Rivers Act 2000 (existing wild river conditions to be deleted).
6.01 7 March 2017 Guideline updated to fix minor typographical errors.
6.02 9 July 2018 The document template, header and footer have been updated to reflect current Queensland Government corporate identity requirements and comply with the Policy Register.